the representation of the people act, 1951 - Ministry of Law and Justice

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94Representation of the People Act, 1951(PART II.—Acts of Parliament)1 [CHAPTER VIIA.—DECLARATION OF ASSETS AND LIABILITIES75A. Declaration of assets and liabilities.—(1) Every elected candidate for a House of Parliament shall, within ninetydays from the date on which he makes and subscribes an oath or affirmation, according to the form set out for the purpose inthe Third Schedule to the Constitution, for taking his seat in either House of Parliament, furnish the information, relating to—(i) the movable and immovable property of which he, his spouse and his dependant children are jointly or severallyowners or beneficiaries;(ii) his liabilities to any public financial institution; and(iii) his liabilities to the Central Government or the State Government,to the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.(2) The information under sub-section (1) shall be furnished in such form and in such manner as may be prescribed in therules made under sub-section (3).(3) The Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may make rulesfor the purposes of sub-section (2).(4) The rules made by the Chairman of the Council of States or the Speaker of the House of the People, under sub-section(3) shall be laid, as soon as may be after they are made, before the Council of States or the House of the People, as the casemay be, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shalltake effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications ordisapproved by the Council of States or the House of the People and where they are so approved, they shall take effect on suchapproval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved,they shall be of no effect.(5) The Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may direct thatany wilful contravention of the rules made under sub-section (3) by an elected candidate for a House of Parliament referred toin sub-section (1) may be dealt with in the same manner as a breach of privilege of the Council of States or the House of thePeople, as the case may be.Explanation.—For the purposes of this section,—(i) “immovable property” means the land and includes any building or other structure attached to the land orpermanently fastened to anything which is attached to the land;(ii) “movable property” means any other property which is not the immovable property and includes corporeal andincorporeal property of every description;(iii) “public financial institution” means a public financial institution within the meaning of section 4A of theCompanies Act, 1956 (1of 1956), and includes bank;(iv) “bank” referred to in clause (iii) means—(a) State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955);(b) subsidiary bank having the meaning assigned to it in clause (k) of section 2 of the State Bank of India(Subsidiary Banks) Act, 1959 (38 of 1959);(c) Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976);(d) corresponding new bank having the meaning assigned to it in clause (da) of section 5 of the BankingRegulation Act, 1949 (10 of 1949); and(e) co-operative bank having the meaning assigned to it in clause (cci) of section 5 of the Banking RegulationAct, 1949 (10 of 1949) as modified by sub-clause (i) of clause (c) of section 56 of that Act; and(v) “dependant children” means sons and daughters who have no separate means of earning and are whollydependant on the elected candidate referred to in sub-section (1) for their livelihood.]______________________________________________________________________________________________________1. Ins. by Act 72 of 2002, s. 4 (w.e.f. 24-8-2002).
95Representation of the People Act, 1951(PART II.—Acts of Parliament)CHAPTER VIII.—Election Expenses1 [76. Application of Chapter.—This Chapter shall apply only to the elections to the House of the People and tothe Legislative Assembly of a State.77. Account of election expenses and maximum thereof.—(1) Every candidate at an election shall, either byhimself or by his election agent, keep a separate and correct account of all expenditure in connection with the electionincurred or authorized by him or by his election agent between 2 [the date on which he has been nominated] and the date ofdeclaration of the result thereof, both dates inclusive.3 [Explanation 1.—For the removal of doubts, it is hereby declared that—(a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means oftransport for propagating programme of the political party shall not be deemed to be the expenditure in connection with theelection incurred or authorised by a candidate of that political party or his election agent for the purposes of this sub-section.(b) any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done byany person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 in thedischarge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to beexpenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purposes ofthis sub-section.Explanation 2.—For the purposes of clause (a) of Explanation 1, the expression “leaders of a political party”, inrespect of any election, means,—(i) where such political party is a recognised political party, such persons not exceeding forty in number, and(ii) where such political party is other than a recognised political party, such persons not exceeding twenty in number,whose names have been communicated to the Election Commission and the Chief Electoral Officers of the States by thepolitical party to be leaders for the purposes of such election, within a period of seven days from the date of the notificationfor such election published in the Gazette of India or Official Gazette of the State, as the case may be, under this Act:Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as the case may be,in clause (ii) dies or ceases to be a member of such political party, by further communication to the Election Commission andthe Chief Electoral Officers of the States, substitute new name, during the period ending immediately before forty-eighthours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died orceased to be a member, for the purposes of designating the new leader in his place.](2) The account shall contain such particulars, as may be prescribed.(3) The total of the said expenditure shall not exceed such amount as may be prescribed.78. Lodging of account with the district election officer.— 4 [(1)] Every contesting candidate at an election shall,within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate atthe election and the dates of their election are different, the later of those two dates, lodge with the 5 [district electionofficer] an account of his election expenses which shall be a true copy of the account kept by him or by his electionagent under section 77.]6 * * * * *______________________________________________________________________________________________________1. Subs. by Act 27 of 1956, s. 42, for ss. 76 to 78.2. Subs. by Act 40 of 1975, s. 6, for certain words (retrospectively).3. Subs. by Act 46 of 2003, s. 4, for the Explanation.4. S. 78 re-numbered as sub-section (1) of that section by Act 47 of 1966, s. 36.5. Subs. by Act 47 of 1966, s. 36, for "returning officer".6. Ins. by s. 36, ibid. (w.e.f. 14-12-1966) and omitted by Act 2 of 2004, s. 3(b).
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